Non-Delegation of Powers

1. Meaning and Explanation. The Congress cannot further delegate the power delegated to it by the
people. This is in keeping with the principle of non-delegation of powers which is applicable to all the
three branches of the government. The rule states that what has been delegated cannot further be
delegated – potestas delegata non delegari potest. A delegated power must be discharged directly
by the delegate and not through the delegate’s agent. It is basically an ethical principle which
requires direct performance by the delegate of an entrusted power. Further delegation therefore
constitutes violation of the trust reposed by the delegator on the delegate. The people, through the
Constitution, delegated lawmaking powers to the Congress, and as such, it cannot as a rule delegate
further the same to another.

2. Exceptions. In order to address the numerous and complex demands of legislative function, the
Constitution provides exceptions to the rule. Further delegation is permitted in the following cases:

(a) Delegation to the people at large. The Congress further delegates its legislative power by
allowing direct legislation by the people in cases of initiative and referendum;

(b) Delegation of emergency powers to the President. Section 23 (2), Article VI of the Constitution
states that “in times of war or other national emergency, the Congress may, by law, authorize the
President, for a limited period and subject to such restrictions as it may prescribe, to exercise
powers necessary and proper to carry out a declared national policy.” Emergency powers are
delegated to the President by the Congress to effectively solve the problems caused by war or other
crisis which the Congress could not otherwise solve with more dispatch than the President;

(c) Delegation of tariff powers to the President. Section 28 (2), Article VI of the Constitution states
that “the Congress may, by law, authorize the President to fix within specified limits, and subject to
such limitations and restrictions as it may impose, tariff rates, import and export quotas, tonnage
and wharfage dues, and other duties or imposts within the framework of the national development
program of the Government.” Tariff powers are delegated to the President by the Congress to
efficiently and speedily solve economic problems posed by foreign trade which the Congress could
not otherwise address with more dispatch than the President;

(d) Delegation to administrative bodies. The Congress delegates the so called “power of
subordinate legislation” to administrative bodies. Due to the growing complexity of modern society,
it has become necessary to allow specialized administrative bodies to promulgate supplementary
rules, so that they can deal with technical problems with more expertise and dispatch than the
Congress or the courts. Regulations or supplementary rules passed by the administrative bodies are
intended to fill-in the gaps and provide details to what is otherwise a broad statute passed by
Congress. For the rules and regulations to be valid and binding, they must be in accordance with the
statute on which they are based, complete in themselves, and fix sufficient standards. If any of the
requirements is not satisfied, the regulation will not be allowed to affect private rights; and

(e) Delegation to the local governments. This delegation is based on the principle that the local
government is in better position than the national government to act on purely local concerns.
Legislative power is therefore given to them for effective local legislation.
Delegation of Powers

What is Delegation of Powers?

Fundamentally, legislative power is an attribute of sovereignty, in that the Constitution itself, the
fundamental law of the State, is a legislation of the sovereign people. However, through the
Constitution, the people “delegated” the legislative power to the Congress of the Philippines.
Section 1, Article VI states that “Legislative power shall be vested in the Congress of the
Philippines…” The delegation of power entails a surrender of authority to the representatives, or in
the case of legislative power, to the Congress. Thus, law-making can only be performed by the
Congress, even if the law it enacts involves the people.

Delegation of powers is the act whereby a political authority invested with certain powers turns
over the exercise of those powers, in full or in part, to another authority.

Delegation of powers, in law, the transfer of authority by one person or group to another person or
group. For example, the Congress may create government agencies to which it delegates authority
to promulgate and enforce regulations pursuant to law. More specifically, in constitutional law,
delegation of powers refers to the different powers granted respectively to each of three branches
of government—executive, legislative, and judicial. Exercise by one branch of a power delegated to
another violates the separation of powers provided for in the Constitution; i.e., it is unconstitutional.
Constitutional powers may be classified as enumerated, implied, inherent, resulting, or sovereign—
designations that explain the nature of a given power, its origin, and its scope of influence.

What is the Principle of Non-delegation of Powers?

The Congress cannot further delegate the power delegated to it by the people. This is in keeping
with the principle of non-delegation of powers which is applicable to all the three branches of the
government. The rule states that what has been delegated cannot further be delegated – potestas
delegata non delegari potest. A delegated power must be discharged directly by the delegate and
not through the delegate’s agent. It is basically an ethical principle which requires direct
performance by the delegate of an entrusted power. Further delegation therefore constitutes
violation of the trust reposed by the delegator on the delegate. The people, through the
Constitution, delegated lawmaking powers to the Congress, and as such, it cannot as a rule delegate
further the same to another.

Exceptions to the Principle of Non-delegation of Powers

Permissible Delegation:

(1) Delegation of tariff powers to the President.

Article 6, Section 28(2). “The Congress may by law authorize the President to fix within specified
limits, and subject to such limitations and restrictions as it may impose, tariff rates, import and
export quotas, tonnage and wharfage dues, and other duties or imposts, within the framework of
the national development program of the Government.”
- the reason for this delegation is the necessity, not to say expediency, of giving the chief executive
the authority to act immediately on certain matters affecting the national economy lest delay result
in hardship to the people.

(2) Delegation of emergency powers to the President.

Article 6, Section 23(2). “In times of war or other national emergency, the Congress may by law
authorize the President, for a limited period and subject to such restrictions as it may prescribe, to
exercise powers necessary and proper to carry out a declared national policy. Unless sooner
withdrawn by resolution of the Congress, such powers shall cease upon its next adjournment.”

The conditions for the vesture of emergency powers in the President are the following:

a. There must be war or other national emergency.

b. The delegation must be for a limited period only.

c. The delegation must be subject to such restrictions as the Congress may prescribe.

d. The emergency powers must be exercised to carry out a national policy declared by the
Congress.

Important points:

* the emergency powers are self-liquidating unless sooner withdrawn.

* Conferment of emergency powers on the President is not mandatory on the Congress. The
Congress may choose to hold on to its legislative powers and validly refuse to delegate it.

(3) Delegation to the people at large.

- The Congress further delegates its legislative power by allowing direct legislation by the people in
cases of initiative and referendum.

(4) Delegation to local governments.

- This delegation is based on the principle that the local government is in better position than the
national government to act on purely local concerns. Legislative power is therefore given to them for
effective local legislation.

(5) Delegation to administrative bodies.

- The Congress delegates the so called “power of subordinate legislation” to administrative bodies.
Due to the growing complexity of modern society, it has become necessary to allow specialized
administrative bodies to promulgate supplementary rules, so that they can deal with technical
problems with more expertise and dispatch than the Congress or the courts. Regulations or
supplementary rules passed by the administrative bodies are intended to fill-in the gaps and provide
details to what is otherwise a broad statute passed by Congress. For the rules and regulations to be
valid and binding, they must be in accordance with the statute on which they are based, complete in
themselves, and fix sufficient standards. If any of the requirements is not satisfied, the regulation
will not be allowed to affect private rights.

Tests of Delegation

The Completeness Test

Ideally, the law must be complete in all its essential terms and conditions when it leaves the
legislature so that there will be nothing left for the delegate to do when it reaches him except
enforce it.

Sufficient Standard Test

It is intended to map out the boundaries of the delegate’s authority by defining the legislative policy
and indicating the circumstances under which it is to be pursued and effected. The purpose of the
sufficient standard is to prevent a total transference of legislative power from the lawmaking body
to the delegate.